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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) Unless otherwise agreed to in writing by the parties, the parties' legal counsel shall not be present at any scheduled mediation sessions conducted under the provisions of ORS 36.100 to 36.175.
(2) Attorneys and other persons who are not parties to a mediation may be included in mediation discussions at the mediator's discretion, with the consent of the parties, for mediation held under the provisions of ORS 36.185 to 36.210.
(3) The mediator, with the consent of the parties, may adopt appropriate rules to facilitate the resolution of the dispute and shall have discretion, with the consent of the parties, to suspend or continue mediation. The mediator may propose settlement terms either orally or in writing.
(4) All court mediators shall encourage disputing parties to obtain individual legal advice and individual legal review of any mediated agreement prior to signing the agreement.
(5) Within 10 judicial days of the completion of the mediation, the mediator shall notify the court whether an agreement has been reached by the parties. If the parties do not reach agreement, the mediator shall report that fact only to the court, but shall not make a recommendation as to resolution of the dispute without written consent of all parties or their legal counsel. The action shall then proceed in the normal fashion on either an expedited or regular pretrial list.
(6) The court shall retain jurisdiction over a case selected for mediation and shall issue orders as it deems appropriate.
Cite this article: FindLaw.com - Oregon Revised Statutes Remedies and Special Actions and Proceedings § 36.195 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-3-remedies-and-special-actions-and-proceedings/or-rev-st-sect-36-195/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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